CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ of the crisis of confidence between political actors. The unions for their part, however, complain about their marginalisation in the deployment of CENI. 186. To ensure greater visibility and effectiveness, civil society should better organise itself and coordinate its actions in national networks. Several stakeholders have, however, condemned the tendency towards instrumentation of political associations, NGOs and trade unions, as well as the development of a certain “civil society more in the exhibitions and conferences in Ouagadougou than in the field” and very capable of capturing and diverting partners’ funds for selfish ends. There is thus a need for the strengthening of civil society’s resources and institutional capacity, as well as for the development in its midst of a culture of accountability. 187. The rule of law and supremacy of the constitution. The presentation on the 1991 constitution in the CSAR provides very little information on this issue. However, from the report of the TRI, the constitution itself and information gathered on the ground, it is possible to emphasise that the will of the people of Burkina Faso is to “set up the rule of law that guarantees the exercise of collective and individual rights, freedom, dignity, safety, welfare, development, equality and justice as fundamental values of a pluralistic society of progress and free from any prejudice” (preamble of the constitution). 188. If the constitution does not expressly state that it is the supreme law, there is, however, sound evidence to indicate its supremacy, evidence that is to be found in the submission to this fundamental text of the law and international treaties. In addition, the infringement of the constitution, as well as the betrayal of the motherland, “constitute the most serious crimes committed against the people” under Article 166. Article 167 states that “the source of all legitimacy derives from the present constitution. Any power that does not take its source from the constitution, namely the power resulting from a coup or a military coup, is illegal”. Similarly, reference to the Burkinabe people prohibits any idea of personal power as much as “any oppression of a fraction of the people by another” (Article 168). Burkina Faso is a “democratic, unitary and secular state. The Faso is the republican form of the State” (Article 31). 189. A High Court of Justice is provided for by the constitution to punish acts performed by the president of Burkina Faso that constitute high treason, to punish attacks against the constitution or the misappropriation of public funds, and to try crimes or offences committed by members of the government during the exercise of their functions. Such activities are regulated by the Organic Law 20-95 of 16 May 1995, which also defines the procedure that must be followed for referring cases to the High Court of Justice. However, to date, no case has been referred to such court. 190. A rather rigid procedure for amending the constitution is provided for by Articles 161 to 165 of the constitution. Any proposal for amendment initiated by the president of the republic, the majority of the National Assembly or at least 30,000 voters must be submitted beforehand at the discretion of 104